Water Resources Act 1963

• (3) The provisions of the last preceding paragraph shall have effect subject to any regulations made under subsection (6) of section 66 of this Act; and different provision may be made under that subsection according to whether the acquisition is under section 65 or section 67 of this Act.

14

Where, in connection with the engineering or building operations to which the order relates, a licence under Part IV of this Act is granted (or is deemed to be granted) to the river authority to abstract water or to obstruct or impede the flow of an inland water, no compensation shall be payable under section 68 of the Lands Clauses Consolidation Act 1845 in respect of any land or interest injuriously affected by the carrying out of those operations, in so far as that land or interest is injuriously affected by the abstraction of water, or the obstruction or impeding of the flow, in accordance with the provisions of the licence..

15

As soon as may be after the order has been made, the river authority shall publish, in one or more newspapers circulating in the locality where the land in respect of which the powers of compulsory acquisition are conferred is situated, a notice describing that land and stating that the order has been made conferring powers of compulsory acquisition in respect of that land, and naming a place where a copy of the order as made may be inspected at all reasonable hours, and the river authority shall serve a like notice and copy of the order on every such owner, lessee or occupier as is mentioned in paragraph 8 of this Schedule.

16

• (1) Subject to the provisions of sub-paragraph (5) of this paragraph, if any person aggrieved by the order, or by a certificate under the special land provisions, desires to question—

• (a) the validity of the order, or of any provision of the order, on the grounds that any powers of compulsory acquisition conferred by the order are not authorised by section 67 of this Act to be so conferred, or that any of the relevant requirements have not been complied with in relation to the order, or

• (b) the validity of the certificate, on the grounds that any of the relevant requirements have not been complied with in relation to the certificate,

he may, at any time before the end of the period of six weeks beginning with the date on which notice of the making of the order is first published in accordance with the last preceding paragraph or, as the case may be, notice of the giving of the certificate is first published in accordance with the special land provisions, make an application for the purpose to the High Court.

• (2) On any application under this paragraph, the High Court—

• (a) may by interim order suspend the operation of the order, or any provision of the order, or of the certificate, ether generally or in so far as it affects any property of the applicant, until the final determination of the proceedings ;

• (b) if satisfied that any powers of compulsory acquisition conferred by the order are not authorised by section 67 of this Act to be so conferred, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to 'the order or the certificate, may quash the order, or any provision of the order, or the certificate, ether generally or in so far as it affects any property of the applicant.

• (3) Except as provided by the preceding provisions of this paragraph, the validity of—

• (a) the order, in so far as it confers any powers of compulsory acquisition, or

• (b) any certificate given in connection with the order under the special land provisions,

shall not, ether before or after the order or certificate has been made or given, be questioned in any legal proceedings whatsoever.

• (4) Subject to the preceding provisions of this paragraph, the order (except where it is subject by virtue of the special land provisions to special parliamentary procedure) and any certificate given in connection with the order under the special land provisions shall become operative on the date on which notice of the making or giving thereof is published as mentioned in sub-paragraph (1) of this paragraph.

• (5) Where the order is subject to special parliamentary procedure, sub-paragraphs (1) to (3) of this paragraph—

• (a) shall not apply to the order if it is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, and

• (b) in any other case, shall have effect as if the reference in sub-paragraph (1) of this paragraph to the date on which notice of the making of the order is published as therein mentioned were a reference to the date on which the order becomes operative under the said Act of 1945.

• (6) In this paragraph " the special land provisions" means the provisions of Part III of Schedule 1 to the Act of 1946 as applied by virtue of this Schedule, and " the relevant requirements", in relation to an order or certificate, means any requirements of this Schedule or of the special land provisions which are applicable to that order or certificate.

17

In this Part of this Schedule "the Act of 1946 " means the Acquisition of Land (Authorisation Procedure) Act 1946.

SCHEDULE 9

1

The provisions of Schedule 3 to the Water Act 1945 referred to in section 69(3) of this Act shall, in their application to any river authority by virtue of that subsection, have effect as if for any reference therein to undertakers, or the limits of supply of undertakers, there were substituted a reference to the river authority or, as the case may be, the area of that authority.

2

The said provisions, as so applying, shall be further modified, by the omission—

• (a) in section 12 (1), of the words " after this section is incorporated with their enactments " and the words from " In this subsection " to the end ;

• (b) in section 14 (2), of the words " as if the special Act had not been passed " ;

• (c) in section 16 (1), of the words from " or by reason of their being worked " to " special Act" ;

• (d) in section 22, of the words " service pipes " ;

• (e) in section 67, of paragraph (b), the words " and thereby causes the supply of water to be interfered with ", and the proviso;

• (f) in section 68 (1), of the words from " or to a supply pipe " to " attached to a supply pipe ".

SCHEDULE 10

1

Before determining whether to make an order on an application under section 82 of this Act, the Ministers shall consult the body (other than the applicants) to or from whom any functions or property are proposed in the application to be transferred, and shall consider any representations made by that body with respect to the application.

2

If the Ministers propose to make an order on the application, they shall prepare a draft order, and shall cause notice of their intention to make an order, and of the place where copies of the draft order, and of any map to which it refers, may be inspected and obtained, and of the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made—

• (a) to be published in the London Gazette, and in such other manner as they think best adapted for informing persons affected, and

• (b) to be served on the bodies to or from whom any functions or property are proposed to be transferred, and on any other body, being a navigation authority, conservancy authority, harbour authority or statutory water undertakers, appearing to the Ministers to be affected by the proposals.

3

Before making any order on the application, the Ministers shall consider any objections which may be duly made to the draft order, and may if they think fit cause a local inquiry to be held with respect to any such objections; and in making the order the Ministers may make such modifications in the terms of the draft as appear to them desirable.

4

• (1) After making such an order, the Ministers shall, if an objection has been duly made by any body on whom notice is required to be served under paragraph 2 of this Schedule and has not been withdrawn, serve notice of the making of the order and the effect thereof on every such body who has duly made objection which has not been withdrawn.

• (2) Where a notice is required to be served under the preceding sub-paragraph, the order shall not have effect before the expiry of a period of twenty-eight days from the date of service of that notice ; and if within that period any such body gives notice to ether of the Ministers objecting to the order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

5

After making the order, the Ministers shall publish in the London Gazette, and in such other manner as they think best adapted for informing persons affected, a notice stating that the order has been made, and naming a place where a copy thereof may be seen at all reasonable hours :

6

• (1) Subject to the next following sub-paragraph, if any person aggrieved by an order under section 82 of this Act desires to question its validity on the ground that it is not within the powers of this Act, or that any requirement of this Act has not been complied with in relation to the order, he may, within six weeks after the first publication of the notice required by the last preceding paragraph, make an application for the purpose to the High Court; and if any such application is duly made, the court, if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with, may quash the order ether generally or in so far as it affects the applicant.

• (2) The preceding sub-paragraph shall not apply to any order which is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of the provisions of this Schedule as if, for the reference to the first publication of the notice required by the last preceding paragraph, there were substituted a reference to the date on which the order becomes operative under the said Act of 1945.

• (3) Except as provided by sub-paragraph (1) of this paragraph, the validity of an order under section 82 of this Act shall not, ether before or after the order has been made, be questioned in any legal proceedings whatsoever.

7

The costs incurred by the Ministers in connection with the making and notification of an order under section 82 of this Act, including any costs incurred in relation to any such order under the Statutory Orders (Special Procedure) Act 1945, shall be paid by the applicants for the order, and, if there are two or more applicants, the Ministers may apportion the costs between them; and the Ministers may require any applicants to give security for the payment of any costs payable by them under this paragraph.

8

In relation to an application for, or the making of, an order transferring to a river authority any functions or property of a navigation authority, conservancy authority or harbour authority, " the Ministers" in this Schedule means the Minister, the Minister of Agriculture, Fisheries and Food and the Minister of Transport (and, in the case of anything falling to be done by the Ministers, those Ministers acting jointly) and paragraph 4 (2) of this Schedule shall have effect as if for the words " ether of the Ministers " there were substituted the words " any of the Ministers. "

SCHEDULE 11

PART I

Precepts

1

• (1) Notwithstanding anything contained in section 3(4)(b) of this Act, the duty imposed on river authorities by section 87(3) of this Act shall apply in relation to the financial year beginning on the second appointed day as it applies in relation to any subsequent financial year ; and the power of river authorities to issue precepts under section 86(4) of this Act shall be exercisable accordingly before the second appointed day.

• (2) In relation to the financial year beginning on the second appointed day, section 87 of this Act shall have effect as if, for the purposes of paragraphs (a) and (b) of subsection (1), and subsection (2), of that section, that financial year included the period beginning on the first appointed day and ending immediately before the second appointed day.

2

Where by virtue of paragraph 1(2) of this Schedule the aggregate amount required to be raised by precept by a river authority for the financial year beginning on the second appointed day includes expenditure incurred before that day, and the river authority issue precepts for that year under section 87 of this Act, then—

• (a) for the purposes of this paragraph there shall be ascertained what the aggregate amount for which precepts are so issued to the council of each county or county borough would have been if no expenditure incurred before the second appointed day had been so included, and every estimate and apportionment made under that section in respect of that financial year had been reduced accordingly, and

• (b) if, in the case of any such council, precepts of the aggregate amount ascertained under the preceding sub-paragraph would not have exceeded the limit imposed by subsection (6) of that section (or, as the case may be, the limit imposed by subsection (6) as modified by subsection (7) of that section), the aggregate amount of the precepts actually issued to that council for that financial year shall be treated as not exceeding that limit.

3

The provisions which may be included in an order under section 10 of this Act shall (without prejudice to the generality of subsection (3) of that section or, where applicable, of section 125(4) of this Act) be taken to include provisions modifying section 87 of this Act in its application to any river authority established by the order or in its application to any river authority whose area is altered by the order.

PART II

Borrowing powers

4

• (1) The power of river authorities under section ,92(1) of this Act to borrow temporarily, by way of overdraft or otherwise, such sums as they require for the purpose of defraying expenses pending the receipt of revenues receivable by them shall, notwithstanding anything contained in section 3(4)(b) of this Act, be exercisable during the period beginning on the first appointed day and ending immediately before the second appointed day.

• (2) In relation to the exercise of that power during that period, paragraph (a) of section 92(1) of this Act shall apply as if, for the words from " period of account" to the end of that paragraph, there were substituted the words " financial year beginning on the second appointed day ".

SCHEDULE 12

1

• (1) No byelaw made by a river authority shall have effect until confirmed by the appropriate Minister or Ministers under this Schedule.

• (2) Notwithstanding any tiling in section 135(2) of this Act, hi this Schedule " the appropriate Minister or Ministers ", in relation to byelaws made by a river authority under section 5 of the Rivers (Prevention of Pollution) Act 1951 means the Ministers ; and for the purposes of the said section 135(2), any byelaws made by a river authority under section 59(1)(p) of the Salmon and Freshwater Fisheries Act 1923 (which relates to the contamination of waters containing fish) shall be treated as made solely in the performance by the authority of their functions relating to fisheries.

2

A river authority shall, at least one month before they apply for the confirmation of any byelaw.—

• (a) publish in the London Gazette, and in one or more news papers circulating in the area to which the byelaw will apply, notice of their intention to make the application, and

• (b) send a copy of the byelaw to every local authority whose area is wholly or partly within that area.

3

For at least one month before an application is made for the confirmation of any byelaw, a copy of the byelaw shall be deposited at the offices of the river authority, and shall at all reasonable hours be open to public inspection without change; and the authority shall supply printed copies of the byelaw, free of charge, to any person appearing to the authority to be interested.

4

• (1) Subject to the following provisions of this paragraph, the appropriate Minister or Ministers, with or without a local inquiry, may refuse to confirm any byelaw submitted for confirmation under this Schedule, or may confirm the byelaw ether without modification or (subject to the consent of the river authority) with such modification as he or they think fit; and the authority shall, if so directed by the appropriate Minister or Ministers, cause notice of any proposed modification to be given in accordance with such directions.

• (2) A byelaw made under section 5 of the Rivers (Prevention of Pollution) Act 1951 shall not be confirmed without a local inquiry if any written objection to its confirmation has been received by the Ministers and has not been withdrawn:

Provided that this sub-paragraph shall not apply to any objection if, in the opinion of the Ministers, the parson making it has no material interest in the stream or part of a stream to which the byelaw relates.

• (3) In relation to any such byelaw as is mentioned in the last preceding sub-paragraph, sub-paragraph (1) of this paragraph shall have effect with the substitution for the words " subject to the consent of the river authority " of the words " after consultation with the river authority ".

5

The appropriate Minister or Ministers may fix the date on which any byelaw confirmed under this Schedule is to come into operation, and if no date is so fixed the byelaw shall come into operation at the end of the period of one month beginning with the date of confirmation.

6

A copy of any byelaw confirmed under this Schedule shall be printed and deposited at the office of the river authority and shall, at all reasonable hours, be open to public inspection without charge, and a copy thereof shall, on application, be furnished to any person on payment of such reasonable sum as the authority may determine.

7

If it appears to the appropriate Minister or Ministers that the revocation of any such byelaw is necessary or expedient, he or they may, after giving notice to the river authority and considering any objections raised by them, and, if required by them, holding a local inquiry, revoke that byelaw.

8

The production of a printed copy of a byelaw purporting to be made by a river authority upon which is indorsed a certificate, purporting to be signed by the clerk of the authority, stating—

• (a) that the byelaw was made by the authority ;

• (b) that the copy is a true copy of the byelaw ;

• (c) that on a specified date the byelaw was confirmed under this Schedule; and

• (d) the date, if any, fixed under paragraph 5 of this Schedule for the coming into operation of the byelaw,

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

SCHEDULE 13

PART I — Amendment having effect as from first Appointed Day

The Local Government Superannuation Act 1937

1

In Schedule 1, at the end of Part I, there shall be inserted the words—

• A river authority

.

PART II — Amendments having effect as from second Appointed Day

The Reservoirs (Safety Provisions) Act 1930

2

In section 10(1), at the end of the definition of " undertakers " there shall be added the words " or, in the case of a reservoir managed and operated by a river authority but not owned or leased by them, that river authority ".

The Water Act 1945

3

In section 21, after the word "well" in each place where it occurs there shall be inserted the word " borehole ".

4

In section 23, at the end of the proviso to subsection (1), there shall be added the following paragraph:—

(iii) orders under this section shall have effect subject to the provisions of Part IV of the Water Resources Act 1963

.

The Rivers (Prevention of Pollution) Act 1951

5

In section 11, in subsection (5), for the words from " the power conferred by section twenty-two" to the end there shall be substituted the words " the exercise of any power conferred by section 108 of the Water Resources Act 1963 (which relates to the default powers of Ministers) or by paragraphs 11 and 12 of Schedule 4 to that Act (which relate to committees of river authorities) ".

6

In Schedule 2, in paragraph 5, the following sub-paragraphs shall be substituted for sub-paragraph (3):—

(3) The Minister may by order direct that all or any of the provisions of the Water Resources Act 1963 specified hi the next following sub-paragraph (being supplementary provisions as to the powers and procedure of river authorities and similar matters) shall apply for the purpose of the functions under this Act of the rivers authority for any excluded area as if that authority were a river authority and their area a river authority area, subject to such modifications as may be specified in the order. (3A) The said provisions are sections 108 and 109, sections 111 to 113, section 120, sub-paragraphs (2) and (3) of paragraph 18, and paragraph 19, of Schedule 4, and Schedule 12.

;

and, in sub-paragraph (4) of that paragraph, for the words "River Boards Act 1948 " there shall be substituted the words " Water Resources Act 1963 "; , for the words " the last foregoing sub-paragraph " there shall be substituted the words " sub-paragraph (3) of this paragraph " and for the words " said Act of 1948 ", in both places where they occur, there shall be substituted the words " said Act of 1963 ".

7

In Schedule 2, in paragraph 11(1), for the words from " section seven of the River Boards Act" to " excluded from section one of that Act" there shall be substituted the words " section 10 of the Water Resources Act 1963 (which provides for the alteration of river authority areas) ".

The Town Development Act 1952

8

In section 23, in subsection (2), the following paragraph shall be substituted for paragraph (b)—

(b) the expression ' drainage authority' has the meaning assigned to it by the Land Drainage Act 1930

.

The Protection of Birds Act 1954

9

In section 14 (1), in paragraph (c) of the definition of " authorised person ", for the words " river board constituted under the River Boards Act 1948 " there shall be substituted the words " river authority ".

The Town and Country Planning Act 1959

10

In Schedule 4, in paragraph 10, for the words " river board established under the River Boards Act 1948" there shall be substituted the words " river authority ", and in paragraph 11, for the words " river board " there shall be substituted the words " river authority ".

The Radioactive Substances Act 1960

11

In Schedule 1, at the end of Part I, there shall be inserted the following paragraph:—

(8A) Sections 72, 74 and 76 of the Water Resources Act 1963.

The Land Drainage Act 1961

12

In section 3 (5), for the words "paragraph 3 of the Third Schedule to the River Boards Act 1948 " there shall be substituted the words " paragraph 6 of Schedule 3 to the Water Resources Act 1963 ", and in section 3(6), for the words " paragraph 3 " there shall be substituted the words " paragraph 6 ".

13

In section 40 (1), for the words " a drainage board " there shall be substituted the words " any drainage board other than a river authority ".

The Rivers (Prevention of Pollution) Act 1961

14

In section 3, in subsection (3), for the words " the said subsection (8)" there shall be substituted the words " section 114 of the Waiter Resources Act 1963 ".

15

In section 10 (2), for the words " section fifteen of the River Boards Act 1948 " there shall be substituted the words " section 113 of the Water Resources Act 1963 ".

The Trustee Investments Act 1961

16

In section 11, in paragraph (a) of subsection (4), after the word "parish" there shall be inserted the words " a river authority ".

The Sea Fish Industry Act 1962

17

In section 14, in subsection (1)(b), for the words " subsection (1) and subsections (4) to (8) of section sixteen, and section seventeen, of the River Boards Act 1948 " there shall be substituted the words " subsections (1), (3) and (4) of section 111 and subsections (1) to (7) of section 112 of the Water Resources Act 1963 ".

The Pipe-lines Act 1962

18

In section 37, in subsection (4), for the words from the beginning of paragraph (b) to the word " and " in the second place where it occurs in that paragraph there shall be substituted the words " ' river purification authority ' means ".

PART III — Amendments having effect as from end of initial period

The Water Act 1945

19

In section 14, in subsection (10), for the words " any local authority within whose county or district" there shall be substituted the words " the river authority within Whose area " ; and in subsection (12), for the words " local authority whose county or district is comprised wholly or partly in an area to which this section applies" there shall be substituted the words " river authority ", for the words " any such area " there shall be substituted the words " the area of a river authority ", for the words " the local authority " there shall be substituted the words " the river authority ", and, in paragraph (a), after the word "area" there shall be inserted the words " of the river authority ".

PART IV — Supplementary Provisions

20

Part I of this Schedule shall not have effect until the first appointed day.

21

Part II of this Schedule shall not have effect until the second appointed day.

22

Part III of this Schedule shall not have effect until the end of the initial period.

23

The amendments of section 14 of the Water Act 1945 contained in Part III of this Schedule shall not affect—

• (a) any power of the court exercisable under subsection (10) of that section in pursuance of an application made before the end of the initial period, or

• (b) the exercise of any power by virtue of subsection (10) or subsection (12) of that section in pursuance of an authorisation granted by the court under the said subsection (10) before the end of the initial period or granted thereunder after the end of that period in pursuance of an application made before the end of that period.

SCHEDULE 14

PART I

Enactments repealed as from second appointed day

PART II

Enactments repealed as from end of initial period